COMMON ORDER

The petitioners are the hereditary trustees of Arulmigu Venkata Ramana Swami Temple situated in Manmagalam Village, Karur District. This temple is a public temple under the control of the Tamil Nadu Hindu Religious and Charitable Endowments Department and administrated by the hereditary trustees.

2.The hereditary trustees were suspended as per Section 53(2) of the Hindu Religious and Charitable Endowments Act [herein will be referred to as 'the Act'] that they have acted as against interest of the religious institution by selling the temple lands in Survey Nos.193/2A and 306/2B2. As against the order of suspension, the writ petitions in WP(MD)Nos.16586 and 16587 of

2014 have been filed by the trustees and as against the notice issued by the District Revenue Officer, Karur in the revision petition filed by the Hindu Religious and Charitable Endowments Department, the writ petitions in WP(MD)Nos.16590 and 16591 of 2014 have been filed. Since the petitioners are the trustees of Sri Venkata Ramana Swami Thirukoil, all these writ petitions are disposed by this common order.

3.The case of the petitioners is that the lands in S.Nos.193/2 and 306/2B2 of Manmangalam Village, Karur were originally granted to one Lingaiyan by the King Chera in appreciation of his services to Sri Venkata Ramana Swami Thirukovil, Manmangalam Village, Karur District. The petitioners are the descendants of the said Lingaiyan through their father Subramaniam Iyer. The Sub-Collector, Karur after conducting enquiry by providing an opportunity to the HR and CE Department has passed an order granting patta in the name of these petitioners being hereditary trustees, by his proceedings dated 02.02.2010. With the strength of that patta, the petitioners have sold the property and the patta has not been cancelled so far. For having sold the property based on the patta granted by the competent authority, namely, the Revenue Divisional Officer, Karur, the Joint Commissioner, HR and CE Department, has placed these petitioners under suspension. Until the patta granted by the Sub-Collector, Karur is set aside in the manner known to law, the Department is not justified in suspending the petitioners as the holders trustees.

4.As per Section 12 of the Patta Pass Book Act, 1983, any person aggrieved over the order of the Revenue Authority is entitled to file an appeal within a period of thirty days from the date of receipt of a copy of the order. The Joint Commissioner, HR and CE Department / the 2^nd respondent herein is a party to the proceedings of the RDO, Karur dated 02.02.2010. However the appeal was filed after a period of two years, which was mechanically entertained by the District Revenue Officer, Karur and notice has been issued to the petitioners. When the Statute prescribes the time limit the District Revenue Officer is not having powers to entertain the revision petition beyond the statutory period and therefore, the notice issued by the District Revenue Officer in the revision petitions filed by the HR and CE Department is without jurisdiction that it is beyond the limitation and therefore, the impugned notices issued by the DRO, which is the subject matter in WP(MD)Nos.16590 and

16591 of 2014 are liable to be set aside.

5.The learned Senior Counsel appearing for the petitioners submits that insofar as the writ petitions in WP(MD)Nos.16590 and 16591 of 2014 are concerned, the petitioners were granted with Ryotwari patta by the Sub- Collector, Karur vide proceedings dated 02.02.2010 in Ni.Mu.A2/7076/2006, by putting on notice the contesting respondent and by following the principles of natural justice. Since then the patta stood in their names. This patta was issued based on the relevant government orders, which extend the benefits for those, who had not availed the benefits under the Act 30 of 1963 and therefore, they are entitled to deal with the property. In the order dated 02.02.2010 itself it is specifically mentioned that the appeal shall be filed w